HL Deb 23 July 1962 vol 242 cc881-4

After Clause 4 insert the following new clause:

Alternative permitted hours in certain athletic clubs during winter

(".—(1) A registered club may apply to the sheriff for any one of the following orders, that is to say—

  1. (a)an order providing that during the winter period the permitted hours in the club on weekdays shall not be those set out in paragraph (a) of subsection (1) of section four of this Act, but shall instead be the period between eleven in the morning and two in the afternoon and the period between four and half-past nine in the evening; or
  2. (b)an order providing that during the winter period the permitted hours in the club on Sundays shall not be those set out in paragraph (b) of the said subsection (1), but shall instead be the period between half-past twelve and two in the afternoon and the period between four and eight in the evening, and that for the purpose of the sale or supply of exciseable liquor for consumption off the premises there shall be no permitted hours in the club on Sundays; or
  3. (c)an order which contains both the aforesaid provisions; 882 and the sheriff shall, if in his opinion the conditions set out in the next following subsection are satisfied, make the order applied for.

(2) The conditions referred to in the fore-going subsection are—

  1. (a)that the premises of the club are structurally adapted and bona fide used, or intended to be used, wholly or mainly for the purpose of providing facilities in connection with the carrying on by members of the club and their guests of athletic sports or athletic games;
  2. (b)that one or more of such sports or games is or are usually carried on out of doors and, when so carried on, can (unless artificial lighting is used) only be carried on during the hours of daylight;
  3. (c)that the said premises are regularly used, or are intended regularly to be used, during the winter period, for providing facilities in connection with the carrying on by members of the club and their guests, during the hours of daylight, of such a sport or game as is mentioned in the last foregoing paragraph;
  4. (d)that having regard to the time at which the said sport or game is usually carried on by members of the club and their guests, the permitted hours set out in paragraph (a) or (b) or paragraphs (a) and (b) (as the case may be) of subsection (1) of section four of this Act are not suitable for the supply of exciseable liquor in the said premises to persons who participate in that sport or game.

(3) On an application for an order being made under subsection (1) of this section by any club the sheriff clerk shall forthwith give notice thereof to the chief constable who may, within twenty-one days of the date of the receipt by him of such notice, lodge with the sheriff clerk objections to the making of such order on the ground that one or more of the conditions set out in paragraphs (a) to (d) of the last foregoing subsection has not or have not been satisfied in relation to the club, and shall, on lodging any such objections, send a copy thereof to the secretary of the club; and if any such objections are lodged and not withdrawn, the sheriff shall as soon as may be hear parties upon the application and objections and may order such enquiry as he thinks fit, and shall thereafter make or refuse to make the order applied for, and may award expenses against the unsuccessful party.

(4) An order made under this section by the sheriff in respect of any club shall expire on the date on which the certificate of registration which is in force in respect of the club expires.

(5) In this section the expression 'the winter period' means the period beginning with the first day of October and ending with the thirty-first day of March.")

LORD CRAIGTON

My Lords, it might be convenient to consider this Amendment with No. 16. I am sure that both Houses of Parliament were right to maintain uniform standard licensing hours throughout Scotland for premises supplying drink. In all but one case—and we examined a number—we were satisfied that adequate service could be given during the standard hours. The one exception is provided for in this new clause—that is, clubs whose outdoor activities in wintertime must be timed to match the hours of daylight. In some winter months the golfer must reach the 18th hole before 4 o'clock; and who are we to keep him away from the 19th hole until 5 o'clock on weekdays, or until 6.30 on Sundays? By this clause the sheriff has the power, on application, and subject to suitable safeguards, to grant the club the alternative hours, which are 11 a.m. to 2 p.m. and 4 p.m. to 9.30 p.m. on weekdays, and on Sundays 12.30 p.m. to 2 p.m. and 4 p.m. to 8 p.m.; that is, during the winter months, October 1 to March 31. I should add that my noble friend Lord Guest has seen and thoroughly approves of this new clause. I beg to move that this House doth agree with the Commons in the said Amendment.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Craigton.)

THE DUKE OF ATHOLL

My Lords, I should like to say briefly how much I welcome this clause, and to make two small comments on it. I am rather sad that it has not been found possible to include ice rinks in this provision, but I see the difficulty facing the Government in doing that. However, I should like them to say that they will keep their eyes on the position in relation to ice rinks to see whether, at some time in the future, the position can be altered to enable ice rinks also to take advantage of this change in hours, should they wish.

Secondly, I should like to inquire why the winter period was chosen from October 1 to March 31, because, so far as most of these golf clubs and suchlike are concerned, the winter period is dependent more on when they lose the extra hour in the evening. Therefore, while I have no objection to October 1, I think that March 31 is perhaps a little early for ending the winter period, as I believe that normally summertime does not start until about April 10—I may be wrong about that. I should like to inquire from my noble friend whether they have to adopt these special hours if they so wish during the whole of the winter period, or whether they can start adopting them only when summertime ends on (I think it is) the last Sunday in October.

LORD CRAIGTON

My Lords, on the question of whether we should have summertime or a fixed period, we considered this point carefully, but the difficulty is that summertime is a movable thing and we do not know from one year to another when it may be altered. Therefore, we have a fixed time in the Bill. On the other point of ice rinks, I hope that we have sufficiently well drafted this Bill that, if we want to find a loophole with regard to them, we shall have to come to Parliament to have it enacted.

On Question, Motion agreed to.